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-   -   Drone pilot being fined $10,000 by FAA (https://www.dvinfo.net/forum/flying-cameras/519453-drone-pilot-being-fined-10-000-faa.html)

Dean Sensui October 21st, 2013 02:10 AM

Re: Drone pilot being fined $10,000 by FAA
 
If you want to see what Trappy did, here's the video.

https://www.youtube.com/watch?v=OZnJ...embedded#at=92

As I understand it, the university paid him to get these aerials. I can't see how material like this could contribute to someone's impression of the campus, but that's a creative question that's outside the scope of this discussion.

Watch this and judge whether it was reckless or not.

Jim Michael October 21st, 2013 04:56 AM

Re: Drone pilot being fined $10,000 by FAA
 
Quote:

Originally Posted by Chuck Spaulding (Post 1817626)
I don't understand why everyone differentiates between hobbyists and professionals. As a pilot its my responsibility to mitigate as much risk as possible whether I'm being paid or not and whether a MR is used for commercial purposes doesn't make it any more or less safe. So why wouldn't a hobbyist have know the same laws regarding the use of airspace as someone shooting AP commercially? So are you prepared to spend about $25K to get a license to fly an RC? That's were this is headed.

"When the people fear the Government there is tyranny. When the Government fears the people there is liberty."

In a professional context they are more likely to be flown in a manner that puts others at risk, news stories, regularly scheduled flights over populated areas, etc. Re amateurs knowing the same laws, I think you're right. I think there will end up being 3 classes of aircraft and all but the lowest performance/risk will require some type of licensing. Re $25k to get a certificate, a private pilot airplane isn't close to that (probably closer to $10k), but a commercial rating requires 250 hours of flight time. A knowledge test consisting of a written portion (prove you know the FARs) and a practical demonstrating proficiency in the type you intend to fly should be sufficient.

Brian Drysdale October 21st, 2013 05:11 AM

Re: Drone pilot being fined $10,000 by FAA
 
As a point of information, you can find the UKs CAA regulations for commercial unmanned aircraft here. Unmanned Aircraft and Aircraft Systems | Aircraft | Operations and Safety There are different weight categorises.

This is separate to flying models recreationally.

Chris Medico October 21st, 2013 05:26 AM

Re: Drone pilot being fined $10,000 by FAA
 
Quote:

Originally Posted by Chuck Spaulding (Post 1817626)
I don't understand why everyone differentiates between hobbyists and professionals. As a pilot its my responsibility to mitigate as much risk as possible whether I'm being paid or not and whether a MR is used for commercial purposes doesn't make it any more or less safe. So why wouldn't a hobbyist have know the same laws regarding the use of airspace as someone shooting AP commercially? So are you prepared to spend about $25K to get a license to fly an RC? That's were this is headed.

"When the people fear the Government there is tyranny. When the Government fears the people there is liberty."

When you step onto a commercial plan would you want your pilots to be professionals or hobbyists?

When you drive next to a huge truck hauling radioactive waste on the highway do you want that driver to be a professional or a hobbyist?

There are places to be a hobbyist and places where it isn't appropriate. Operating for hire a potentially dangerous machine loaded with very expensive gear near soft targets is one of the places in my opinion where I don't want to see hobbyists.

Chuck Spaulding October 21st, 2013 11:48 AM

Re: Drone pilot being fined $10,000 by FAA
 
No matter how expensive the camera a MR might carry is, its no large truck with radio active material nor is it an airliner with people in it.

Everything is dangerous, so what! Here in California politicians are trying to ban football, basketball and baseball at public schools because they think its too dangerous. I don't need some government employee deciding what sports my kids can and can't play. The unintended consequence of this is only kids that go to private schools can play sports and earn scholarships. I'm sure that's what these idiots intended. Sure this is an extreme example but with what's happening in government today its not that unlikely of one.

The idea that if the Government regulates RC controlled AP its going to somehow make it safer, that the regulations will be reasonable and not cost prohibitive, and that hobbyist will be exempt is ridiculous.

It doesn't matter what you think about the current healthcare debate, or more accurately lack of debate and the reasons for that, here's an example happening in real time of how inept the government really is. Again, its unfair to compare the roll out of healthcare to regulating RC's but I can't imagine a scenario where they will be any more successful.

This isn't about politics, its common sense. The person that buys a Phantom online and flies it in there backyard probably isn't going to be aware of any regulations anyway, if your getting into AP you might be aware of the regulations but chances are if its for the occasional gig those regulations will be ignored, and for those that are doing this as a real profession they will in all likelihood have been flying with and around other proficient RC pilots where they will learn far more than they would by taking a test. So what role do the regulations actually have in all of this?

You can't legislate stupidity, if you need someone to define what safe flying is then you should not be flying anything anywhere at anytime.

Brian Drysdale October 21st, 2013 03:08 PM

Re: Drone pilot being fined $10,000 by FAA
 
A drone carrying an Epic can injure an person or cause an accident if it hits the windscreen of a moving vehicle and it's more likely to be in such a position than a hobbyist flying their helicopter in a field or in their backyard. A skilled hobbyist who wants to operate commercially shouldn't have any problems passing a test.

This is nothing to do with politicians getting on bandwagons about sport safety, it's just about a client hiring someone they know is qualified to do a job.

David Heath October 21st, 2013 05:03 PM

Re: Drone pilot being fined $10,000 by FAA
 
Quote:

Originally Posted by Chuck Spaulding (Post 1817626)
I don't understand why everyone differentiates between hobbyists and professionals. As a pilot its my responsibility to mitigate as much risk as possible whether I'm being paid or not .......

The answer has been given by various people earlier in this thread, but it's basically that if a hobbyist, it doesn't really matter where you fly - you're most likely to find a field well away from people, vehicles, power lines, roads, buildings etc. If it's commercial work, you fly where the client pays you to. And that's likely to be because there is something to film there, and hence probably people or property that may get damaged if things go wrong!
Quote:

Originally Posted by Chuck Spaulding (Post 1817626)
Everything is dangerous, so what! Here in California politicians are trying to ban football, basketball and baseball at public schools because they think its too dangerous. I don't need some government employee deciding what sports my kids can and can't play........

I have a lot of sympathy for you here - but it's not the same thing. I go back to what I said earlier about the differences between personal risk and third party risk.

Injuries due to sport are likely to affect only the participants. If somebody wants to indulge in anything where they may get injured, then that should be up to them or their parents.

If somebody wants to do an activity where *I* get injured if something goes wrong, that's a different matter.

Have you read the link to the situation in the UK that Brian posted? It's similar in many ways to what Jim talks about - 3 classes of aircraft (here sub-7kg, 7-20kg, and over 20kg) and a distinction between hobbyist and commercial use. Fly a sub-7kg unit for non-commercial use and there's not a lot of restriction.

The words "common sense" keep getting used in this discussion. I'm sure the people posting here DO have common sense, but just don't assume everybody else can be trusted to be the same. Unfortunate, but that's why legislation is necessary in many areas of life.

Dean Sensui October 21st, 2013 11:50 PM

Re: Drone pilot being fined $10,000 by FAA
 
In civil aviation there are certain minimum standards for basic piloting skills and competence to ensure safe operation.

There are certain manufacturing and maintenance standards for production aircraft, and another set of standards for amateur-built aircraft. There are also operational limits for both, depending on how they're used.

Similar standards could be applied for UAV's that are used on a commercial basis.

Why? Because they're going to be operated near people and property. Hobbyists, on the other hand, could be assumed to operate in situations that will not put people or property at risk. They'll operate out of flying fields and in areas that are sparsely populated. Of course there will be those who are going to be reckless, but there's no legislating that out of existence. And they can be cited, prosecuted or sued as needed by existing laws.

Instead, it would be more constructive to create a level of credibility among those who want to maintain a level of professional respect for this growing field.

UAV operators should be able to demonstrate operational competencies to ensure they are in full control and able to deal with a variety of situations, and maneuver with precision. They should also have full knowledge of emergency procedures and risk management. Preflight checklists are part of that. Flight planning is another part. Lots of details, and it all matters.

Alister Chapman October 22nd, 2013 07:35 AM

Re: Drone pilot being fined $10,000 by FAA
 
So when does a model become a real aircraft? A military UAV would not be considered a "model" by most people. There are many military UAV's that are less than 5kg (not all UAV's carry weapons), these are definitely not models either costing hundreds of thousands of dollars. At the same time they are often not all that different to many hobby UAV's.

I think you blur the line between a model aircraft and a real aircraft when you start to add autonomous control or computerised systems that help fly the aircraft. The vast majority of multi-rotors can only fly thanks to micro processor stabilisation. Then you start adding cameras and other devices that can intrude on privacy or place the pilot virtually in the aircraft. When does toy/model end and unmanned aircraft begin? It's not just about weight although obviously a heavy craft can do a lot more damage than a light one.
It's a tough one and I'm glad I don't have to define what is a toy/model and what is an unmanned aircraft.
So if it's extremely hard to determine what's a model and what's not, then all that's left to regulate is how you fly unmanned aircraft. It's much easier to define hobby, not for profit applications and commercial for profit applications, so this is where the line has been drawn in the sand in Europe.

As a professional cameraman I have public liability insurance. Many, many of my clients or the venues I work in will not allow me to work unless I have sufficient insurance. In most cases the biggest risk is simply someone tripping over a tripod or a piece of faulty electrical equipment giving someone a shock (and all of my mains powered gear has to be safety tested annually). If I want to place a light on a lighting truss above the public or anywhere where people may be working I have to use a safety line to ensure that if the lights primary fixing fails it cannot fall on someone. Yet we now have people that think it's perfectly OK to fly a device with similar weight to a small video light above and close to people and property uninsured and a multirotor is far more likely to fall on them than a properly attached light.

Flying for a hobby you take your craft out into an open field and do what you wish away from people and property. Working commercially in most cases your going to be close to people and property, this does require regulation, even if all that is, is a proof of competency test.

Chris Medico October 22nd, 2013 08:31 AM

Re: Drone pilot being fined $10,000 by FAA
 
Quote:

Originally Posted by Alister Chapman (Post 1817794)
So when does a model become a real aircraft? A military UAV would not be considered a "model" by most people. There are many military UAV's that are less than 5kg (not all UAV's carry weapons), these are definitely not models either costing hundreds of thousands of dollars. At the same time they are often not all that different to many hobby UAV's.

Here in the States I think that is why the line of demarcation has been compensation. Hobbyists and professionals in many cases own the same gear so using gear as the break is indeed blurry. It is compensation that makes for a easy measure to create the break. Under the assumption of compensation it is considered reasonable to assume that a professional is doing the job for profit where the hobbyist may not be.

Dave Blackhurst October 22nd, 2013 09:23 AM

Re: Drone pilot being fined $10,000 by FAA
 
So someone with a heli with a camera who is flying as a hobby catches some footage, with some important or interesting content... which goes viral and he is paid for its use... is he now a "pro" flying for commercial purposes??

Brian Drysdale October 22nd, 2013 09:35 AM

Re: Drone pilot being fined $10,000 by FAA
 
I suspect they're in the same position as a non professional doing the same with their iphone by chance coming across a one off event. They're not putting themselves out for hire or employment as operator of an unmanned aerial vehicle.

Alister Chapman October 22nd, 2013 11:17 AM

Re: Drone pilot being fined $10,000 by FAA
 
I think if you accidentally or unintentionally shot something that went viral you would still be classed as a hobbyist. But going out and shooting a video that you intend to place on youtube and choosing to monetize that video would probably take you into the commercial category, after all there is no requirement to monetize the video to place it on youtube. So the only reason to monetize it is to make money, that makes it a commercial video, even if you do only make a few dollars. The CAA defines shooting something for a mate for a beer as OK, but a case of beer makes it a commercial venture.

In the UK flying a toy with a camera that can record results in restrictions as to where you can fly as you cannot be within 50m of any person, vehicle or structure that you do not control or have explicit permission to be near. The primary reason for this is obviously privacy.

Greg Boston October 28th, 2013 11:20 PM

Re: Drone pilot being fined $10,000 by FAA
 
If we are to define commercial ops, I think it would be one where a contract for services to be performed is executed before the material is acquired per the client's specs.

Getting video by happenstance that becomes worthy of compensation is not really commercial operation. It's just your 15 minutes of fame.

Somewhere between the wild, wild west and government licensing/regulation is industry certification. Creating a training/proficiency program and subsequent certification by a recognized organization could be helpful in say, being able to obtain liability insurance for commercial UAV AP, or perhaps being hired at all. Having an industry that's willing to police itself is what I feel would be most effective.

-gb-

Brian Drysdale October 29th, 2013 04:27 AM

Re: Drone pilot being fined $10,000 by FAA
 
The UK has a trade association for operators.

Unmanned Aerial Vehicle Systems Association Welcome

Chuck Spaulding October 30th, 2013 11:59 AM

Re: Drone pilot being fined $10,000 by FAA
 
However people want to couch this debate, you can already begin to see the result of the ban on commercial AP, while some might view the US as the center of all things film production, the rest of the World is leaving the US behind, far behind when it comes to AP.

That's not to say that there aren't good people doing good work in the U.S., it just means if they're charging money for it their criminals and that's no way to promote innovation. Also an interesting perspective related to this conversation is that much of the debate about regulations seems to be hobbyist vs professional, this is a video related forum so I would think the concern would be for the professional.

Anyway, here's a couple of innovative shots that show the potential of AP when the focus is lees on regulation and more on doing.




Chris Medico October 30th, 2013 01:11 PM

Re: Drone pilot being fined $10,000 by FAA
 
I for one want to see this get figured out in the US so those of us that are poised to add this service to our offerings can do so legally.

If I had influence on the rules here are things I would like to see implemented:

No FPV ops allowed
Minimum training requirement
Minimum insurance requirement with levels that rise for larger and more dangerous aircraft
Registration of equipment including all major machine pieces being serialized for identification
A black box recorder on the craft

David Heath October 30th, 2013 03:44 PM

Re: Drone pilot being fined $10,000 by FAA
 
Quote:

Originally Posted by Chuck Spaulding (Post 1818695)
However people want to couch this debate, you can already begin to see the result of the ban on commercial AP, while some might view the US as the center of all things film production, the rest of the World is leaving the US behind, far behind when it comes to AP.

But don't you think it's relevant that in the rest of the world, commercial usage is subject to a set of legislation that both users and controlling bodies are broadly happy with?

Yet from reading these threads it seems that the US debate is polarised between attitudes of "ban the lot" on the one side and "no legislation at all" on the other?

Chuck Spaulding October 30th, 2013 07:47 PM

Re: Drone pilot being fined $10,000 by FAA
 
One thing that I'm sensitive to is what will it take to comply and how much will it cost? As a pilot and a plane owner I have lived through the unintended consequences of over regulation which along with the economy has turned my plane into a paper weight.

For many who argue for regulation they seem to draw the line at commercial AP, as if MR pilots will have any say where that line is drawn. A lot of people have stated that flying AP commercially is somehow more dangerous than a hobbyist, have you seen the risks people are taking to produce Youtube videos to garner more views? I guess it depends on how you define compensation.

The issue regarding regulating MR's has little to do with the small guy who wants to shoot AP from a MR for movies, real estate, commercials etc., with the exception of a few FPV pilots most are flying LOS well under 400', it has more to do with managing the airspace and dedicated victor airways for large UAV's.

I think most people would agree that the media has overstated the risks associated with AP from small MR's so it puts good law abiding MR pilots in conflict with the general public. But when does the public safety trump my civil liberties? Why is this even an issue, there aren't that many RC's being flown that would necessitate

Have you ever been to an Islands restaurant? They show some great videos of extreme skiing, surfing, and mountain biking, all of these activities can be dangerous to the film crews, participants and spectators, where's the outcry to regulate that? There are far more people participating in those activities than are flying MR's.

I do think its relevant that many countries are finding the right balance of regulation while still respecting the right of the users. The FAA had that chance and didn't do it, now its putting it to an NPRM. We'll have to wait and see if they can find the same balance.

David Heath October 30th, 2013 08:45 PM

Re: Drone pilot being fined $10,000 by FAA
 
Quote:

Originally Posted by Chuck Spaulding (Post 1818728)
They show some great videos of extreme skiing, surfing, and mountain biking, all of these activities can be dangerous to the film crews, participants and spectators, where's the outcry to regulate that? There are far more people participating in those activities than are flying MR's.

This has been said so many times now that I've lost track.

Your example above is another example of people taking risks with their OWN lives and welfare - not those of third parties. If anyone chooses to take part in such activities, it's their business. They are the ones who get hurt if their actions go wrong.

Jim Michael October 30th, 2013 08:56 PM

Re: Drone pilot being fined $10,000 by FAA
 
Chuck makes a couple of good points. The failure to implement whatever rules they intend is holding back the technological progress that might be made here, to the advantage of countries which have been more proactive. Also, FAA has generally been well behind the ball when it comes to approval of new and useful technology in aircraft. There is a very arduous engineering approval process that takes a long time to work through the system and is very expensive - one reason you don't see so many external camera mount systems. FAA did a better job with the new sport pilot class of aircraft which rely more on standards developed by industry groups. That segment has been doing very well. They also did away with the old medical standards for that class and you don't have people dying of heart attacks and crashing into buildings.

Warren Kawamoto October 30th, 2013 10:58 PM

Re: Drone pilot being fined $10,000 by FAA
 
Here's the defense attorney speaking about the case.

Chuck Spaulding October 30th, 2013 11:37 PM

Re: Drone pilot being fined $10,000 by FAA
 
What he said!

Brian Drysdale October 31st, 2013 02:35 AM

Re: Drone pilot being fined $10,000 by FAA
 
Basically the FAA is behind where it should be (considering other countries have sorted it out) and there seems to be a divide in the US on this technology, with issues about privacy etc. being brought up state to state. In the end, a court will decide this particular test case.

Gordon Hoffman October 31st, 2013 07:02 AM

Re: Drone pilot being fined $10,000 by FAA
 
Quote:

Originally Posted by David Heath (Post 1818733)
This has been said so many times now that I've lost track.

Your example above is another example of people taking risks with their OWN lives and welfare - not those of third parties. If anyone chooses to take part in such activities, it's their business. They are the ones who get hurt if their actions go wrong.

Not always. If they require rescuing then somebody may have to risk their life to make that happen.

Gordon

Nigel Barker October 31st, 2013 09:35 AM

Re: Drone pilot being fined $10,000 by FAA
 
Quote:

Originally Posted by David Heath (Post 1817723)
Have you read the link to the situation in the UK that Brian posted? It's similar in many ways to what Jim talks about - 3 classes of aircraft (here sub-7kg, 7-20kg, and over 20kg) and a distinction between hobbyist and commercial use. Fly a sub-7kg unit for non-commercial use and there's not a lot of restriction.

That's not quite right. Flying a sub-7kg model aircraft there are precious few regulations & it's just the same as it has always been with the onus on the operator to fly safely (& keep under 400' & away from airports) BUT as soon as you put a camera on board then you are flying a Small Unmanned Surveillance Aircraft (SUSA) & a whole load of extra restrictions were introduced just 3-4 years ago e.g. not flying within 50m of any person or "within 50 metres of any vessel, vehicle or structure which is not under the control of the person in charge of the aircraft;". Check out the Air Navigation Order 2009 paragraph 166 for model aircraft & paragraph 167 for SUSA http://www.caa.co.uk/docs/33/CAP393.pdf These restrictions theoretically make it impossible to fly a Parrot AR.Drone in your back yard although legal inside your house.

Commercial aerial work with a SUSA has extra regulations including compulsory training & licensing. Steps to obtain your BNUC-S and CAA permission for aerial work to fly a UAS commercially in UK airspace

Chuck Spaulding October 31st, 2013 12:01 PM

Re: Drone pilot being fined $10,000 by FAA
 

Warren Kawamoto November 8th, 2013 04:08 AM

Re: Drone pilot being fined $10,000 by FAA
 
Here is the actual document of the FAA's response.
FAA Response to Raphae... - Brought to you by View Docs Online

Brian Drysdale November 8th, 2013 06:43 AM

Re: Drone pilot being fined $10,000 by FAA
 
It could be an expensive law case if it goes beyond the first hearing.

Jim Michael November 8th, 2013 07:27 AM

Re: Drone pilot being fined $10,000 by FAA
 
Reading that response, they could go after a kid flying a rubber band powered balsa wood airplane in a park because it might put someone's eye out.

Dave Blackhurst November 8th, 2013 11:54 AM

Re: Drone pilot being fined $10,000 by FAA
 
Give 'em time... can't have any "unregulated" risk out there...

Alex Anderson November 30th, 2013 02:28 PM

Re: Drone pilot being fined $10,000 by FAA
 
deleted by me.


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